Himachal Pradesh Court October 1988 Judgments

Shiv Saran Singh Thakur Vs. Shri Ram Sarup Thakur and ors.

Court: Himachal Pradesh

Reported in: AIR1990HP1

V.K. Mehrotra, J.1. These two appeals arise out of a judgment of a learned single Judge of this Court by which he decided Civil Suit No. 37 of 1976. The plaintiff isThakur Ram Singh. The two defendants in the suit are Shri Shiv Saran Singh Thakur and Smt. Sarla Devi. The second defendant, Smt. Sarla Devi, is the wife of plaintiff Ram Swarup.2. The suit was preceded by an earlier suit No. 121 of 1955. In that suit plaintiff Ram Swarup as also the two defendants in the present suit were defendants. A gift deed is said to have been executed by Shri Ram Swarup in favour of Smt. Sarla Devi regarding 1/16th share in the property, which is the subject matter of the present suit, and was also the subject matter of earlier Suit No. 121 of 1955, in the year 1951. When Suit No. 121 of 1955 was filed, one of the defences taken by Shri Ram Swarup as also defendant Shiv Saran Singh Thakur was that defendant Sarla Devi was not a necessary party to the suit. The suit was for partition of properties kn...